If you're having trouble viewing this email, you may see it online. August 19, 2010 This is an advertisement. Fall Forecast: DOL Hunts for Violations and DOJ Offers some Clarifications DOL Will Target Hospitality Industry Beginning in October: Flush with hundreds of added investigators and geared up for a fresh round of compliance audits and enforcement actions, the DOL has now targeted the hospitality industry and suggested that it will target hotels, motels and resorts throughout the United States for compliance audits. The DOL's justification: it considers the hospitality industry a "high risk industry" for violations of the Fair Labor Standards Act. Miniature Horses Welcome: DOJ Enacts Revised ADA Regulations: In the first major revision to the regulations to Titles II and III since they were originally promulgated in 1991, the revised ADA regulations include changes to standards on single-user toilet rooms, common use circulation paths in employee work areas, accessible parking and public entrances. In addition, these regulations cover several new elements, including exercise facilities. DOL Explains Reasonable Break Time and Facilities for Nursing Mothers: On July 15, the U.S. Department of Labor issued Fact Sheet #73 regarding the Fair Labor Standards Act's (FLSA) new break time requirement for nursing mothers, enacted as part of the new Patient Protection and Affordable Care Act (PPACA). Under this new law, employers are required to provide "reasonable break time for an employee to express milk for her nursing child for one year after the child's birth each time such employee has need to express the milk." Dodd-Frank Law Signals Open Season for Financial Whistle Blowing Complaints: Notable among the new Dodd-Frank Wall Street Reform and Consumer Protection Act's (DFA) many provisions was the DFA's creation of whistleblower rights for direct reports to the Securities and Exchange Commission, the Commodity Futures Trading Commission and financial services employees, as well as its enhancement of anti-retaliation provisions under Sarbanes-Oxley and the False Claims Act. Will that be Check or Cash…or Prepaid Debit Card? Tennessee’s wage payment law now allows employers to compensate employees through means other than cash or checks. Specifically, the amendment allows employers to pay employees through electronic automated funds transfers and prepaid debit card transactions. Prior to this amendment of Tenn. Code Ann. Section 50-2-103(e), the law specified that payment could only be made by check or cash. However, certain conditions must be met. Baker Donelson gives you what boutique labor and employment firms can't: a set of attorneys who are not only dedicated to the practice of labor and employment issues, but who can reach into an integrated and experienced team of professionals to assist you in every other aspect of your legal business needs. We set ourselves apart by valuing your entire company. And when it comes to your company's most valuable asset – your employees – we're committed to counseling with and advocating for you every step of the way. For additional advice concerning the practical implementations of these and other provisions and initiatives of the DOJ, DOL and beyond, contact your Baker Donelson attorney or any of our nearly 70 Labor & Employment attorneys, located in Birmingham, Alabama; Atlanta, Georgia; Baton Rouge, Mandeville and New Orleans, Louisiana; Jackson, Mississippi; and Chattanooga, Johnson City, Knoxville, Memphis and Nashville, Tennessee.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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